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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10630
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Our property is on the market currently. Adjoining our road

Resolved Question:

Our property is on the market currently. Adjoining our road is an ex council development of houses. There has been local rumour for the last 15 years that the council may sell some of the gardens of the council properties for social housing. Do we have to declare this on our seller's questionnarie?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

On the Property Information Form which your Solicitor will send you, once a Sale has been agreed, is a question asking "Are you aware of any proposed development on nearby land?"

You should therefore disclose this "rumour" at such time. If it is only a rumour and has been as such for the last 15 years, I would hope this would not to deter any Buyer.
All you would need to disclose is "we are aware that in the past, there have been rumours of a potential housing development on nearby land, but no planning application has ever been made and I am not aware of any proposed planning application".

As with all house purchases, no one can predict the future as regards XXXXX XXXXX and as long as no planning permission is in place, us Solicitors would not make a big deal about the issue surrounding your property. It is, however, of course up to a Buyer at the end of the day whether it would deter them.

I hope this assists but please let me know if you require any further clarification.

Kind Regards
AL
Customer: replied 3 years ago.

Thank you for the answer. If we did not declare the "rumour" and a planning application was lodged in the future, would any prospective purchaser be in a position to sue us for failing to disclose information?

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Well, I would always advise clients to disclose any rumours, and then there is no doubt in the future if indeed permission were ever granted at some time in the future.

However, as no planning application has ever been made (as far as I am aware), you could argue that it was merely a rumour and there was no substance to this rumour. The question on the Property Information Form asks if you are "aware of any proposals for nearby development" and provided you have never received anything in writing from the Council or seen any proposals, you could argue that there are no proposals, and you could answer that you are not aware of any such proposals.

I hope this helps.

Kind Regards
AL
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